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Judge wrong to hear case from bed while recovering from surgery, court says

Read the original at The Guardian ↗
Cite

correspondent, H. S. L. a. (2026, September 23). Judge wrong to hear case from bed while recovering from surgery, court says. The Guardian. https://www.theguardian.com/law/2026/sep/23/judge-hears-case-from-bed-recovering-surgery-court-of-appeal

Dated when The Aporia collected the article, usually within hours of publication. Check the original for its exact date and byline.

The Guardian · collected 2026-09-23 · by Haroon Siddique Legal affairs correspondent

Quick Summary

A court of appeal ruled that Judge Richard Clayton KC incorrectly heard an optician’s case from his bed via video link while recovering from surgery. The day after returning from a ruptured Achilles tendon operation, Clayton dismissed Suleman Patel's appeal against a nine-month suspension imposed by the General Optical Council for serious misconduct. Lord Justice Phillips and Lady Justice Falk rejected Patel’s appeal but criticized Clayton for not having proper conditions to conduct a professional hearing. They emphasized that judges should only hear cases when they have adequate tools and circumstances to do so properly, citing concerns over Clayton's physical limitations affecting his ability to take notes and navigate documents during the virtual proceedings.
Written by AI on 2026-09-23, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

In April 2023, Richard Clayton KC, sitting as a deputy High Court judge, heard an appeal via video link while recovering from surgery for a ruptured Achilles tendon in his bed. The case involved Suleman Patel, an optometrist facing a nine-month suspension imposed by the General Optical Council. Despite difficulty navigating PDF documents and advised not to stand up for eight days post-surgery, Clayton dismissed Patel’s appeal.

Patel appealed this decision to the Court of Appeal, arguing that the judgment was unjust due to Clayton's compromised condition. On Tuesday, Lord Justice Phillips and Lady Justice Falk ruled in favor of rejecting Patel’s appeal but also stated that it was improper for Clayton to hear the case from his bed unless under exceptional circumstances.

The court emphasized that while Clayton's willingness and fortitude were commendable, judges must have essential tools and professionalism to perform their duties adequately.

Written for “Judge Overstepped While Ill” on 2026-11-03, grounded in this article and the 1 other(s) covering the same event.

Story

📰 Judge Overstepped While Ill
Crime & Law · 2 article(s) covering the same event. See how they differ ↓

Compared with similar articles

This article reads unscored and hedges 11% of its claims. Each row says how that neighbour differs.
Daily Mail
Hedges 1 of 16 claims Outlet record 69/100
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
18
sentences that state something as happening or true
Uncertain
11%
2 of 18 hedged ("reportedly", "may", "according to")
Leaning
not political
takes no side on a contested political question
Publisher signals
66/100
The Guardian's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
2
Crime & Law
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-09-23 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

The Guardian · 2856 article(s) · 6 correction(s) detected
Running correction rate · 6 correction(s)

Who wrote this

Haroon Siddique Legal affairs correspondent
9 article(s) here · 1 carrying a prediction
🔮 The overall number of detentions will probably feature in the hearing before the UK’s highest court, which was granted on the basis that it was arguable that the ban represents a disproportionate interference with the rights of freedom of speech and protest.
🔮 After the ban was introduced, Rooney, whose books include Normal People and Conversations with Friends, said that she would use proceeds from her sales to support Palestine Action.
🔮 Phillips said that if the supreme court upheld the court of appeal’s decision when it hears the case on Wednesday and Thursday, it would prevent police from being held accountable for failures in cases of violence against women and girls.
🔮 The Irish novelist, whose books include Normal People and Conversations With Friends, said her public support for the direct action group meant she could no longer receive royalties from UK sales.
🔮 It is a disgrace that not a single government agency will take responsibility for checking on their welfare at slaughter.
🔮 Five defendants are accused by prosecutors of being part of a “black team”, wearing black jumpsuits, whose role was to overwhelm security guards, so that a “red team”, wearing red jumpsuits, could break into the Elbit systems factory in Filton, near Bristol, and smash up equipment including drones.
🔮 Free speech will be a big concern for voters at the next general election, with the government’s current approach on the issue perceived by many to be bad for Britain, polling suggests.
🔮 Phillips wrote: “The deputy judge is to be commended on his willingness to hear a case whilst recovering from injury and his fortitude in doing so in bed, in trying circumstances.
🔮 The 68-year-old will appear at Westminster magistrates court on a date to be fixed accused of indecently assaulting a girl aged 16 or 17 in the borough of Hammersmith and Fulham in 1991, the Metropolitan police said.
Also by Haroon Siddique Legal affairs correspondent
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 9 articles by Haroon Siddique Legal affairs correspondent →

Topics

Legal Futures the General Optical Council

Subjects

Clayton PERSON · 6× Patel PERSON · 3× Phillips PERSON · 2× Falk PERSON · 1× Legal Futures ORG · 1× Richard Clayton KC PERSON · 1× Suleman Patel’s PERSON · 1× the General Optical Council ORG · 1×

Narrative

However, I consider that, save in exceptional circumstances, such as great urgency or where a matter can only be heard by a specific judge, a judge should only undertake a hearing (and a hearing should only be listed before them) when they have the essential tools to undertake the task properly and professionally …”
framing: assertive · carried by 1 article(s) · first seen 2026-09-23
🔮 Phillips wrote: “The deputy judge is to be commended on his willingness to hear a case whilst recovering from injury and his fortitude in doing so in bed, in trying circumstances.
2026-09-23 · The Guardian
Judge wrong to hear case from bed while recovering from surgery, court says · assertive framing

Claims (18 extracted, 2 hedged)

A judge was wrong to hear a case from his bed via video link while recovering from surgery, the court of appeal has said. asserted
court → hear → appeal
Richard Clayton KC, sitting as a deputy high court judge, heard an optician’s appeal against a finding of serious misconduct from bed the day after returning from hospital where he had undergone an operation for a ruptured achilles tendon. asserted
he → sit → tendon
Clayton dismissed Suleman Patel’s appeal against a nine-month suspension imposed by the General Optical Council but Patel took the case to the court of appeal. asserted
Patel → dismiss → appeal
Patel claimed: “The general handling of the appeal by [Clayton] … has not been dealt with to the standard to be expected of the court such that the judgment is not reliable.” asserted
judgment → claim → court
In a judgment published on Tuesday, and first reported by the news website Legal Futures, Lord Justice Phillips, sitting with Lady Justice Falk, rejected Patel’s appeal but said Clayton should not have heard the case from bed. asserted
Clayton → publish → bed
Phillips wrote: “The deputy judge is to be commended on his willingness to hear a case whilst recovering from injury and his fortitude in doing so in bed, in trying circumstances. asserted
judge → write → circumstances
However, I consider that, save in exceptional circumstances, such as great urgency or where a matter can only be heard by a specific judge, a judge should only undertake a hearing (and a hearing should only be listed before them) when they have the essential tools to undertake the task properly and professionally …” asserted
they → consider → task
He added: “Although it did not cause any injustice in the present case, in my judgment the deputy judge should not have sat on the present case whilst encumbered by his injury. asserted
judge → add → injury
There was no great urgency and other arrangements could and should have been made. uncertain
arrangements → be → ?
I do not say that a judge should never undertake a hearing whilst in bed or otherwise than at a desk or table, but it should be a last resort, where the matter cannot sensibly be listed before a judge sitting in the conventional way.” asserted
matter → say → way
While hearing the case, Clayton said he was “sitting prone in bed, which makes it pretty difficult, I suspect, for me to navigate some of the pdf bundles. asserted
me → hear → bundles
I have, however, read all the relevant material … asserted
I → read → material
We will just have to see how we go.” asserted
we → have → ?
He later said: “This has turned out to be far more difficult, I’m afraid, than I had anticipated because I am handicapped by an ability [sic] to write anything down.” asserted
I → say → anything
However, at several points thereafter the transcript recorded him saying he was taking a “proper note” of what was being said. asserted
what → record → note
During the hearing, Clayton said the hearing was “testing my stamina significantly” and at the end apologised “for the problems at the beginning”. asserted
hearing → say → beginning
He explained that “it has been quite tricky but not impossible to deal with the hearing largely from a non-sitting position”. asserted
it → explain → position
Clayton said he had been advised he could not stand for eight days after leaving hospital, was taking paracetamol and had “cleared the position with the senior staff at the administrative court”. uncertain
he → say → court
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